Bill Text: TX HB667 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to prohibiting a person's waiver of a right to an expunction or to an order of nondisclosure of criminal history record information with respect to a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-01 - Committee report sent to Calendars [HB667 Detail]
Download: Texas-2017-HB667-Comm_Sub.html
| 85R23050 JRR-D | |||
| By: Canales | H.B. No. 667 | ||
| Substitute the following for H.B. No. 667: | |||
| By: Moody | C.S.H.B. No. 667 | ||
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| relating to prohibiting a person's waiver of a right to an | ||
| expunction or to an order of nondisclosure of criminal history | ||
| record information with respect to a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 55.01, Code of Criminal Procedure, is | ||
| amended by adding Subsection (e) to read as follows: | ||
| (e) Notwithstanding Article 1.14(a), a person may not | ||
| waive, as part of an agreement regarding the disposition of | ||
| criminal charges based on the person's commission of an alleged | ||
| offense, any right of the person to an expunction under this chapter | ||
| that may exist in relation to that offense on or after the date the | ||
| waiver is signed, unless the waiver relates solely to records and | ||
| files in the possession of the attorney representing the state in | ||
| the person's case. A purported waiver of that right that is | ||
| executed in violation of this subsection is void. | ||
| SECTION 2. Section 4, Article 55.02, Code of Criminal | ||
| Procedure, is amended by adding Subsection (a-3) to read as | ||
| follows: | ||
| (a-3) The court shall provide in its expunction order that | ||
| the attorney representing the state may retain the arrest records | ||
| and files of a person who is the subject of the expunction order if | ||
| the person has signed a waiver authorized under Article 55.01(e). | ||
| SECTION 3. Subchapter E-1, Chapter 411, Government Code, is | ||
| amended by adding Section 411.078 to read as follows: | ||
| Sec. 411.078. WAIVER OF RIGHT TO ORDER OF NONDISCLOSURE | ||
| PROHIBITED. Notwithstanding Article 1.14(a), Code of Criminal | ||
| Procedure, a person may not waive, as part of an agreement regarding | ||
| the disposition of criminal charges based on the person's | ||
| commission of an alleged offense, any right of the person to an | ||
| order of nondisclosure of criminal history record information under | ||
| this subchapter that may exist in relation to that offense on or | ||
| after the date the waiver is signed. A purported waiver of that | ||
| right is void. | ||
| SECTION 4. The changes in law made by this Act apply only to | ||
| a waiver of a person's right to an expunction or an order of | ||
| nondisclosure of criminal history record information made on or | ||
| after the effective date of this Act. A waiver made before the | ||
| effective date of this Act is governed by the law in effect on the | ||
| date the waiver was made, and the former law is continued in effect | ||
| for that purpose. | ||
| SECTION 5. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
